Patna High Court
Chotu Yadav @ Chhotu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Chotu Yadav was arrested in connection with an illegal sand mining case (PS No. 466 of 2022) alleging offences under Sections 379, 411/34 of the IPC, Section 56 of the Bihar Minerals Rules, 2019 and Section 21 of the Mines and Minerals Act. The petitioner contended that he was falsely implicated, had a clean antecedent, and pointed out that co‑accused had already been granted pre‑arrest bail. The State opposed the bail application. The Court, after considering the facts, allowed the bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner in the illegal mining case.
- Whether the allegations constitute a non‑bailable offence warranting denial of bail.
- Whether the petitioner has been falsely implicated and is entitled to bail on that ground.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 379, 411/34
- Mines and Minerals (Development and Regulation) Act — s. 21
Subjects
- bail
- illegal mining
- sand mining
- false implication
- criminal procedure
- Section 482
- Indian Penal Code
- Bihar Minerals Rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15467 of 2026
Arising Out of PS. Case No.-466 Year-2022 Thana- SHERGHATI District- Gaya
======================================================
Chotu Yadav @ Chhotu Yadav S/O Rajdev Yadav R/O Village- Hardawan,
P.S- Dobhi, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satyendra Prasad S/O Rampati Singh The Mines Inspector, District Mines
Office Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in connection with
Sherghati (Dobhi) P.S. Case No. 466 of 2022 dated 9.6.2022
registered for the offence punishable under Sections 379, 411/34
of the Indian Penal Code, Section 56 of Bihar Minerals
(Concession, Prevention of Illegal Mining, Transportation &
Storage) Rules, 2019 and Section 21 of Mines and Minerals
(Development and Regulation) Act.
3. As per the prosecution case, petitioner and other
accused persons were indulged in illegal mining and storage of
sand of Nilanjana river causing loss of government revenue.
4. It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.15467 of 2026(2) dt.28-04-2026
2/2
petitioner has falsely been implicated in this case on the basis of
suspicion. Co-accused, with similar allegation, have already
been allowed pre-arrest bail by this Court as well as the co-
ordinate Benches vide Annexure-P2 Series. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts of the case, prayer
for bail of the petitioner is allowed. In the event of
arrest/surrender within eight weeks from today, let petitioner,
mentioned above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Additional Chief Judicial Magistrate
1st, Sherghati at Gaya in Sherghati (Dobhi) Police Station Case
No. 466 of 2022, subject to the conditions laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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